Hunting Migratory Birds at Night in Ontario:

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Last Updated: September 17 2026

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Question:I got a ticket for hunting migratory birds at night in Ontario; what should I do next?

Answer:DefendCharges.ca™ can help you respond to a federal migratory game bird “at night” charge by reviewing the exact wording and section on your ticket or summons (often tied to the prohibited hours rule in the Migratory Birds Regulations) and checking whether the alleged hunting time and location actually fall between one half hour after sunset and one half hour before sunrise for that specific date and coordinates.  Don’t miss the response deadline, and gather the officer’s notes, GPS or maps, hunting records, permits, photos or videos, and any seizure documents before you decide whether to contest or resolve the matter.  For a next-step call in Ontario, contact (647) 559-3377 to discuss your situation.

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Hunting Migratory Birds at Night in Ontario

If you received a ticket or summons for Hunting Migratory Birds at Night in Ontario, the charge concerns whether you hunted a migratory game bird during the federally prohibited nighttime period.  In Ontario, the ordinary federal rule prohibits migratory game bird hunting from one half hour after sunset until one half hour before sunrise the next day.

Note: Please contact DefendCharges.ca™ by phone at: (647) 559-3377 to discuss any specific questions that you may have.

Do not panic.  For this charge, "at night" does not simply mean after sunset or whenever it looked dark outside.  Ordinary migratory game bird hunting in Ontario may continue until one half hour after sunset and may begin one half hour before sunrise, so the exact time, date, location, and evidence showing what you were doing can be central to the case.

This page explains what a Hunting Migratory Birds at Night charge means, the federal legal hunting hours in Ontario, what must be proven, the current federal ticket fine and possible consequences, evidence that may matter, possible defences and legal issues, seizure and forfeiture, and what may happen next.  This offence is part of Waterfowl & Migratory Bird Charges.

I Received a Hunting Migratory Birds at Night Ticket or Summons.  What Should I Do?

Read the exact offence wording and section number on your documents and do not miss the response deadline or required court date.  A summons is a document requiring you to attend court or respond as directed.  A federal ticket for this offence may use the wording Hunting south of 60° north latitude during the prohibited time rather than the plain English page title used here.

Check whether the charge refers to paragraph 28(3)(b) of the Migratory Birds Regulations, 2022.  Record the alleged time, date, exact hunting location, species involved, and what the game officer says you were doing.  A game officer is an officer authorized to enforce federal migratory bird law.

Keep your ticket, summons, hunting records, Migratory Game Bird Hunting Permit, maps, GPS information, photographs, videos, messages, phone timestamps, firearm or equipment information, witness information, and every document provided by the officer.  Evidence establishing the precise time and location may be particularly important.

Should I Pay the Ticket?

Under the federal ticket procedure, paying the prescribed fine constitutes a guilty plea and a conviction is entered.  A conviction means a finding of guilt.  Before paying, compare the alleged hunting time with the sunrise and sunset times that applied to the exact location and date.

A federal prohibited hours charge is different from hunting during a closed season, hunting without the required permit, using prohibited equipment, exceeding a bag limit, or another migratory bird offence.  An incident can result in more than one charge, but each offence has its own legal requirements.

If property was seized and the ticket included the required written forfeiture notice, payment of the prescribed fine can also result in seized property related to the offence being forfeited as provided by the Migratory Birds Convention Act, 1994.  Review the ticket and any seizure documents before deciding how to respond.

What Is Hunting Migratory Birds at Night?

Hunting Migratory Birds at Night is the plain English title used on this page for hunting a migratory game bird during the prohibited hours in paragraph 28(3)(b) of the Migratory Birds Regulations, 2022.  Ontario is south of 60° north latitude, so paragraph 28(3)(b) is the federal prohibited hours provision that applies to ordinary migratory game bird hunting in Ontario.

The regulation prohibits hunting a migratory game bird during the period beginning one half hour after sunset on one day and ending one half hour before sunrise the following day, unless Schedule 3 provides otherwise.  Current federal Ontario hunting guidance uses the standard rule: no hunting earlier than one half hour before sunrise or later than one half hour after sunset.

A migratory game bird is a migratory bird that federal law permits to be hunted under the applicable hunting rules.  The category includes huntable migratory species such as ducks, geese, woodcock, snipe, rails, coots, gallinules, and other species covered by the federal hunting regulations.

The approved page title says Migratory Birds, but the specific federal prohibited hours offence in subsection 28(3) applies to migratory game birds.  That distinction matters because not every migratory bird is legally a migratory game bird that may be hunted.

This charge is about the time when hunting occurred.  Other permit, closed season, bag limit, equipment, possession, and transportation offences are separate issues within Waterfowl & Migratory Bird Charges.

What Are the Legal Hunting Hours for Migratory Game Birds in Ontario?

For ordinary migratory game bird hunting in Ontario, the federal legal hunting window begins one half hour before sunrise and ends one half hour after sunset.

This means hunting after sunset is not automatically unlawful.  Hunting may continue during the first half hour after sunset, provided an applicable open season and all other hunting requirements are satisfied.

Similarly, hunting before sunrise is not automatically unlawful.  Ordinary migratory game bird hunting may begin one half hour before sunrise.

Once the prohibited period begins, however, a valid Migratory Game Bird Hunting Permit does not allow ordinary hunting to continue through the night.

Why Do the Exact Date and Location Matter?

Sunrise and sunset times change from day to day and vary by geographic location.  The legal hunting window must therefore be calculated using the date and location where the alleged hunting occurred.

A generic sunrise or sunset time for another city, hunting area, or date may not accurately establish the legal hunting hours for your case.  GPS coordinates, maps, officer location records, photographs, electronic timestamps, and reliable sunrise and sunset information can therefore matter.

The appearance of the sky is not the legal test.  Cloud cover, fog, rain, forest cover, or low light can make conditions appear dark before the prohibited period begins, while clear conditions may remain visibly bright after sunset.  The federal rule is tied to sunrise and sunset rather than to how dark it looked.

What If I Was Hunting Shortly After Sunset?

Hunting shortly after sunset is not automatically a violation of the federal migratory game bird hours rule.  In Ontario, the prohibited period does not begin until one half hour after sunset.

If the officer says the hunting occurred after legal hours, the actual time should be compared with the sunset time for the specific date and location.  A difference of several minutes can matter where the alleged hunting occurred close to the end of the legal hunting period.

What If I Was Hunting Before Sunrise?

Hunting shortly before sunrise is also not automatically unlawful.  The ordinary federal hunting period begins one half hour before sunrise in Ontario.

If the charge arose during the early morning, compare the officer's time evidence with the applicable sunrise time.  The issue may be whether the alleged hunting began before or after the legal opening time.

Does an Artificial Light Have to Be Used?

No.  Using a spotlight, flashlight, headlamp, vehicle light, or another artificial light is not an element of the federal prohibited hours offence under paragraph 28(3)(b).

The federal charge can be established by hunting a migratory game bird during the prohibited time even if no artificial light was used.  Evidence involving lights may help explain what the officer observed, but the prosecution does not need to prove shining or spotlighting to establish the federal time based offence.

A separate provincial or federal offence may arise from other conduct during the same incident.  Those charges should be reviewed separately rather than treated as part of the proof of this offence.

Does a Valid Migratory Game Bird Hunting Permit Allow Night Hunting?

No.  A valid Migratory Game Bird Hunting Permit does not extend the ordinary federal hunting hours.  The permit provides hunting authority subject to the other requirements of the Migratory Birds Regulations, 2022.

A hunter can therefore have the required federal permit, conservation stamp, Ontario Small Game Licence, and an open season and still face this charge if the hunting occurred during the prohibited nighttime period.

What If I Had Another Federal Permit?

A specialized federal permit can matter only if it actually authorized the activity described in your case.  Part 2 of the Migratory Birds Regulations, 2022 generally does not apply to activities authorized under certain federal permits other than the ordinary Migratory Game Bird Hunting Permit.

If you were acting under a damage, danger, scientific, or other specialized federal authorization, preserve the permit and its conditions.  The person authorized, species, activity, time, location, and purpose should be compared with what the officer says occurred.

What Law Applies?

The principal federal laws are the Migratory Birds Convention Act, 1994 and paragraph 28(3)(b) of the Migratory Birds Regulations, 2022.  Paragraph 28(3)(b) prohibits hunting a migratory game bird south of 60° north latitude during the period beginning one half hour after sunset and ending one half hour before sunrise the next day unless Schedule 3 specifies otherwise.

The federal Ontario hunting summary currently states the corresponding legal hours in plain language: migratory game birds must not be hunted earlier than one half hour before sunrise or later than one half hour after sunset.

Subsection 28(3) is also designated under the federal enforcement regulations made under the Migratory Birds Convention Act, 1994.  This affects the statutory penalty range that can apply if the matter is prosecuted under the Act rather than dealt with through the ordinary contraventions ticket process.

If your ticket instead cites an Ontario provincial night hunting provision, that is a separate provincial offence and should be reviewed using the Ontario legislation written on the ticket.  This page addresses the federal migratory game bird prohibited hours charge.

What Must Be Proven?

The prosecutor must prove every required part of the charge beyond a reasonable doubt.  The prosecutor is the lawyer or representative presenting the government's case.  Beyond a reasonable doubt is the high legal standard that must be met before the court can find you guilty.

For a charge under paragraph 28(3)(b), the important issues will generally include whether:

• You were the person involved in the activity;
• Your conduct legally amounted to hunting;
• The wildlife involved was a migratory game bird governed by the federal regulation;
• The hunting occurred south of 60° north latitude, as Ontario does;
• The hunting occurred at the date and location relied upon in the charge; and
• The hunting occurred during the prohibited period beginning one half hour after sunset and ending one half hour before sunrise.

The prosecution must prove the actual time related offence.  Evidence that hunting occurred after sunset does not by itself prove the charge because the ordinary legal hunting period continues for one half hour after sunset.

Can You Be Charged if No Bird Was Shot or Killed?

Yes.  A successful harvest is not required for a Hunting Migratory Birds at Night charge.  Federal law defines hunt broadly.

Hunting includes chasing, pursuing, worrying, following after or on the trail of, lying in wait for, or attempting in any manner to capture, kill, take, injure, or harass a migratory bird, whether or not the bird is actually captured, killed, taken, injured, or harassed.

A missed shot, pursuit, lying in wait, or another activity meeting the federal definition can therefore support the charge even where no migratory game bird was recovered.  Merely travelling, scouting, photographing birds, retrieving equipment, or being present with another hunter does not automatically prove that you were hunting.

What Common Situations Lead to This Charge?

A Shot Was Fired More Than One Half Hour After Sunset

The game officer may say a hunter fired at ducks, geese, or another migratory game bird after the legal evening hunting period ended.  The exact firing time and applicable sunset time can become central evidence.

Hunting Began Too Early in the Morning

The charge may arise where the officer says hunting activity began before one half hour before sunrise.  The sunrise time for the date and location should be compared with the officer's timing evidence.

The Hunter Relied on the Wrong Sunrise or Sunset Time

A hunter may have used a time for another municipality, hunting area, or date.  The correct location, GPS coordinates, and applicable sunrise or sunset information may determine whether the activity was inside or outside the legal hunting window.

The Hunter Believed Darkness Determined the Legal Time

The conditions may have appeared dark because of weather, cloud cover, forest cover, or the time of year.  The federal offence is based on the sunrise and sunset rule rather than on the visual appearance of darkness.

The Hunter Had a Valid Permit and Open Season

A valid permit and an open season do not extend the federal hunting hours.  The charge may therefore concern only the time of the hunting even though the hunter otherwise had the required hunting authority.

What Is the Fine for Hunting Migratory Birds at Night?

The current federal Contraventions Regulations prescribe a $250 ticket fine for Hunting south of 60° north latitude during the prohibited time under paragraph 28(3)(b) of the Migratory Birds Regulations, 2022.

The $250 amount is the prescribed fine when the offence is dealt with through the federal contraventions ticket process.  Unlike some federal migratory bird offences, the current ticket fine for paragraph 28(3)(b) is not expressed as a per bird amount.

The ticket fine is different from the statutory penalty range that can apply if the offence is prosecuted under the Migratory Birds Convention Act, 1994 rather than dealt with as an ordinary ticket.  Subsection 28(3) is a designated regulatory provision under the Act.

For an individual prosecuted for a first designated offence, the statutory range on summary conviction is a fine from $5,000 to $300,000, imprisonment for up to six months, or both.  On indictment, the first offence range is a fine from $15,000 to $1,000,000, imprisonment for up to three years, or both.  These statutory ranges are not the automatic consequence of an ordinary $250 ticket.

A person convicted in a proceeding commenced by means of a federal contraventions ticket is not liable to imprisonment under the Contraventions Act.  The way the charge is proceeding therefore matters when assessing possible consequences.

A guilty finding can also affect your federal Migratory Game Bird Hunting Permit.  Paragraph 28(3)(b) is not one of the offences excluded from the current permit consequence rule.  Subject to the applicable court and Ministerial provisions, an existing permit can cease to be valid, and the person is generally prohibited from applying for another Migratory Game Bird Hunting Permit for 12 months unless the Minister first gives permission.

What Evidence May Be Used?

Night hunting cases often depend on timing evidence, location evidence, and proof of what the person was actually doing.

Time and Sunrise or Sunset Evidence

Officer notes, dispatch times, photographs, video timestamps, phone records, GPS devices, digital photographs, messages, firearm discharge records where available, and reliable sunrise and sunset information may be used to establish whether the activity occurred inside the prohibited period.

Location Evidence

GPS coordinates, maps, property information, boat location data, roads, waterways, photographs, and officer observations may establish the location needed to determine the applicable sunrise or sunset time.

Officer and Witness Evidence

Game officer observations, surveillance, video, audio, witness statements, and evidence of shots, calls, decoys, blinds, or movements may be used to establish whether hunting was occurring and when.

Bird and Hunting Equipment Evidence

Recovered migratory game birds, firearms, ammunition, decoys, calls, boats, blinds, and other equipment may help establish the wildlife being pursued and the nature of the activity.  An artificial light is not required to prove the federal prohibited hours charge.

Electronic Evidence

Phones, hunting applications, GPS devices, photographs, text messages, social media material, and other electronic records may contain timestamps or location information relevant to the alleged hunting time.

Disclosure is the evidence and information the prosecution is required to provide as required by law so that you can understand and answer the charge.  The timing evidence should be compared carefully with the applicable sunrise or sunset time for the hunting location.

What Possible Defences and Legal Issues May Apply?

The legal issues depend on the exact time, date, location, hunting activity, wildlife involved, and reliability of the prosecution evidence.  No particular issue guarantees that the charge will be dismissed.

The Hunting Occurred Within the Legal Hours

The evidence may show that the activity occurred before one half hour after sunset or after one half hour before sunrise.  The correct sunrise or sunset time and reliable timestamps may be decisive.

The Officer Used the Wrong Time or Location

The alleged hunting time may be inaccurate, or the wrong location may have been used to determine sunrise or sunset.  GPS records, photographs, videos, phone data, dispatch records, and witness evidence may help establish the correct facts.

You Were Not Hunting

You may have been travelling, scouting, photographing birds, handling equipment, operating a boat, or accompanying another hunter without engaging in activity that falls within the federal definition of hunting.  The court must consider what you were actually doing rather than simply whether you were outside during prohibited hours.

The Wildlife Was Not a Migratory Game Bird

The prosecution must establish that the hunting activity involved wildlife covered by the particular federal provision.  Species identification, officer observations, photographs, recovered wildlife, and witness evidence may matter where that issue is disputed.

A Specialized Federal Authorization Applied

The evidence may establish that your activity was authorized by another federal permit outside the ordinary Migratory Game Bird Hunting Permit regime.  The exact permit conditions must cover the person, species, activity, time, location, and purpose involved.

Due Diligence

The Migratory Birds Convention Act, 1994 recognizes a due diligence defence for this offence.  Due diligence means taking all reasonable care in the circumstances to prevent the offence.

Evidence that may matter can include reasonable efforts to confirm the correct hunting location, current sunrise or sunset time, properly functioning timekeeping equipment, official hunting information, and other steps taken before hunting.  Simply estimating the time from available light or assuming the legal hours without checking them is different from establishing due diligence.

Could Birds, a Firearm, or Other Property Be Seized or Forfeited?

Yes, where the federal statutory requirements are met.  During a lawful inspection, a game officer may seize something the officer believes on reasonable grounds was involved in a contravention or will provide evidence of one.

Depending on the investigation, this may include migratory game birds, firearms, ammunition, hunting equipment, electronic devices, documents, or other property connected with the charge.  Seizure means property has been taken into official custody and does not itself establish guilt.

Forfeiture means permanent loss of ownership.  Following conviction, a court may order forfeiture of seized property by means of or in relation to which the offence was committed where the statutory requirements are satisfied.

If the matter proceeds through the federal ticket procedure and the required written forfeiture notice was given, paying the prescribed fine also results in the seized property identified by the Act being forfeited.  Keep every seizure notice, inventory, receipt, and document identifying what was taken.

What Happens Next?

What happens next depends on the ticket or summons you received, the evidence of the hunting time and location, whether property was seized, and whether additional charges arose from the same incident.  Do not miss the response deadline or required court date while obtaining legal advice or requesting disclosure.

If you dispute the charge, compare the disclosure with the exact hunting location, date, applicable sunrise or sunset time, officer observations, photographs, videos, GPS and phone records, witness evidence, species evidence, and any specialized federal authorization relied upon.

The matter may resolve without a trial or may proceed to trial if the charge remains disputed.  At trial, the prosecutor must prove the required parts of the offence beyond a reasonable doubt, while any due diligence defence or other legal issue must be considered under the applicable federal law.

How Can DefendCharges.ca™ Help?

DefendCharges.ca™ can review the wording on your ticket, summons, seizure notice, or other documents and compare it with the wildlife, records, and activity involved.  This can help identify the exact charge, the legal requirements that apply, and the factual issues that may be important to your case.

If the matter proceeds through court, DefendCharges.ca™ can explain the court process, review the available evidence and legal issues, discuss possible penalties or other consequences, and help you understand your options for responding to the charge.

Have Questions About Hunting Charges?

Whether you have been charged with one hunting offence or several, understanding your legal options is important.  DefendCharges.ca™ can review your case, explain the charges you are facing, and help you understand your legal options and the best course of action.  Contact us today to discuss your situation.

Key Takeaways

• In Ontario, the federal migratory game bird hunting window generally begins one half hour before sunrise and ends one half hour after sunset;
• Hunting after sunset or before sunrise is not automatically unlawful because the federal rule includes the one half hour periods before sunrise and after sunset;
• Sunrise and sunset times change daily and vary by location, so the exact date and hunting location matter;
• The appearance of darkness and the use of artificial light are not the legal test for the federal prohibited hours offence;
• A bird does not have to be killed because the federal definition of hunting includes pursuit, lying in wait, and attempts;
• The current federal ticket fine for paragraph 28(3)(b) is $250; and
• Timing records, location evidence, officer observations, electronic timestamps, species evidence, and whether your conduct legally amounted to hunting may be central to the case.

Conclusion

A Hunting Migratory Birds at Night charge should be reviewed using the exact offence wording and section number, the alleged hunting time, the date and location, the applicable sunrise or sunset time, the migratory game bird involved, and the evidence showing what you were doing.  The federal rule does not prohibit ordinary migratory game bird hunting immediately at sunset or right up to sunrise; it uses a specific one half hour period on either side.

Before paying a ticket or deciding how to respond, preserve your time, location, permit, hunting, and electronic records and compare the available disclosure with the legal hunting hours that applied at the exact location and date.  Legal representation can help determine what must be proven and whether the hunting occurred within legal hours, the time or location evidence is inaccurate, you were not legally hunting, another federal authorization applied, due diligence was exercised, or another legal issue affects the charge.